All articles by Tony Bingham – Page 3
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CommentMuddled indemnity
The losing party refuses to pay an adjudication award for fear that the winner will go bankrupt before they get to court. Can the winner’s insurers be of help? Don’t bank on it …
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CommentWe need to talk about BIM
BIM is famously the magic formula that will get the industry working together in peace and harmony. But it looks awfully like a way of shifting risk onto subcontractors …
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CommentAlternative dispute resolution: Silence is golden
Engaging in an alternative dispute resolution is not compulsory but ignoring an invitation to participate is likely to lead to costs sanctions
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CommentAdjudication rules: Rewrites and wrongs
A main contractor can write its own subcontract adjudication rules if it wants, but the chances are they won’t change anything and they could end up as a PR disaster
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CommentLegal costs and interest: Calculators at dawn
The parties in the Museum of Liverpool case have just trooped back into court to settle the matter of legal costs and interest to be paid - a battle almost as contentious as the case itself
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CommentOUP Construction Adjudication and Payments Handbook: Hernia-inducing tome
OUP’s Construction Adjudication and Payments Handbook is a wonderful resource, with key cases and commentary to boot – but at 542 pages, why oh why is there no online version?
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CommentChoose your weapon
A contractor used a procedural trap to try to torpedo an adjudicator’s decision against it. Unfortunately for the contractor, it blew up in its face
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CommentIn at the deep end
A bolt-on to a standard contract for a swimming pool put the contractor into dispute with the facilities manager. But can a collateral warranty within a contract be referred to adjudication?
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CommentStop scrabbling around
The losing party in an adjudication sometimes tries to come up with a reason not to pay. But, however ingenious the argument, the court is likely to enforce the adjudicator’s decision
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CommentInsolvency and adjudication
An adjudicator decides who has to pay what to whom - a decision that is binding. But what happens when the payee is insolvent and any money paid may never be seen again?
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CommentWithholding payment after adjudication
Withholding payment after an adjudicator has made a decision puts you in tricky territory. But one of the parties in this case attempted to find a way to do just that
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CommentMuseum of Liverpool: Picking up the tab
Another interesting aspect of the Museum of Liverpool case is that the architect had to pay an adjudicator’s fee for an adjudication it wasn’t involved in. Does this set a precedent?
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CommentArchitects in the frame
The much-debated Museum of Liverpool judgment shows us that it can be the architect’s head on the block rather than the contractor’s
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CommentIndustrial strategy: Round Two
Last week, our columnist gave the government a piece of his mind over the Construction 2025 strategy. This time he explains how it should be changing its own behaviour in order to make savings
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CommentConstruction 2025: You cannot be serious
The industrial strategy for construction asks the industry to do a lot ‘in partnership’ with government. But why are we the ones being asked to do more work for less money?
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CommentThis is an ex-adjudication
This adjudication ran into difficulty. No wonder, when the parties involved bombarded the adjudicator with too much information for the short amount of time he had
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CommentTaking a penalty
Liquidated and ascertained damage clauses for delays can see a contractor lose money - unless they can argue that the amount charged is a penalty and therefore unenforceable
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CommentRunning for cover
When a tower crane collapsed, the contractor blamed its subcontractor who turned to its insurer. But the insurer looked for wriggle room in the small print …
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CommentWitness statements: Beautiful phonies
Handcrafted witness statements represent clever pieces of advocacy - but this is not the function that they are supposed to serve. Facts are required, not opinions